The application of the concept of best interests of the child in participating in the matrimonial proceeding in the Shariah court

Adzidah Yaakob, Asmidah Ahmad, Abdul Samat Musa, Mushaddad Hasbullah, ‘Ainun Syafiqah Rajuddin, Mohamad Zaharuddin Zakaria, Noor Aziah Mohd Awal, Mohd. Al Adib Samuri

Research output: Contribution to journalArticle

Abstract

This paper discusses the application of children’s best interests in participating in the matrimonial proceedings of the Malaysian Shariah Court. The existing legal framework governing the children’s participation is also examined by looking at the court procedure and Sulh processes. The Sulh process is the present mechanism, introduced by the Shariah Court to expedite the settlement of matrimonial disputes. In practice, the settlement is always subject to mutual consent of both parties involved in disputes, but rarely the importance of children’s interests and hopes is taken into consideration. Hence, various children’s best interests could have been jeopardized in the process of courts proceedings. Therefore, it is suggested that a Sulh Council for Children should be established and a standard judicial procedures for children’s participation in matrimonial disputes particularly in the case of Hadhanah be developed in order to protect the children’s best interests.

Original languageEnglish
Pages (from-to)4782-4786
Number of pages5
JournalAdvanced Science Letters
Volume23
Issue number5
DOIs
Publication statusPublished - 1 May 2017

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Dissent and Disputes
Hope
participation
legislation
court
Concepts
Children
present
Participation

Keywords

  • Best interest of the children
  • Hadhanah
  • Judicial procedure
  • Shariah court
  • Sulh

ASJC Scopus subject areas

  • Health(social science)
  • Computer Science(all)
  • Education
  • Mathematics(all)
  • Environmental Science(all)
  • Engineering(all)
  • Energy(all)

Cite this

The application of the concept of best interests of the child in participating in the matrimonial proceeding in the Shariah court. / Yaakob, Adzidah; Ahmad, Asmidah; Musa, Abdul Samat; Hasbullah, Mushaddad; Rajuddin, ‘Ainun Syafiqah; Zakaria, Mohamad Zaharuddin; Mohd Awal, Noor Aziah; Samuri, Mohd. Al Adib.

In: Advanced Science Letters, Vol. 23, No. 5, 01.05.2017, p. 4782-4786.

Research output: Contribution to journalArticle

Yaakob, Adzidah ; Ahmad, Asmidah ; Musa, Abdul Samat ; Hasbullah, Mushaddad ; Rajuddin, ‘Ainun Syafiqah ; Zakaria, Mohamad Zaharuddin ; Mohd Awal, Noor Aziah ; Samuri, Mohd. Al Adib. / The application of the concept of best interests of the child in participating in the matrimonial proceeding in the Shariah court. In: Advanced Science Letters. 2017 ; Vol. 23, No. 5. pp. 4782-4786.
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